Law: Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)

Section: 10

Law: Transfer of Property Act (IV of 1882)

Section: 43

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) S. 10 read with Press Notes dated 11th January 1964 and 5th February 1964 (printed in Manual of Settlement Law and Procedure, New Edition, pp. 405-406) and Transfer of Property Act (IV of 1882), S. 43-Transferor's title to property defective on date of transfer-- Subsequent acquisition of title to such property by transferor-Makes transfer operative and property stands transferred to transferee --Property not transferable by non-claimant displaced persons to locals on date of transfer but subsequent amendment in policy allowing such transfer-Settlement authorities, held, must give effect to changed law during pendency of proceedings. S. Sibtain Fazli v. Star Film Distributors and another P L D 1964 S C 3371 Mien Rafiud Din and 6 others v. The Chief Settlement and Rehabilitation Commissioner and 2 others P L D 1971 S C 252 and M. R. Rafiud Din and others v. Chief Settlement and Rehabilitation Commissioner, Pakistan and others P L D 1964 Lah. 539 ref. Date of hearing 3 24th September 1974.                                                                                                                                                   JUDGMENT The dispute in this case is about a portion of property bearing No. SIIf-22-S-58 situated in Changar Mohalla, Lahore. The aforesaid portion was transferred by the learned Deputy Settlement Commissioner to Allah Ditta predecessor-in-interest of (1) Mst. Eido and (2) Roshan Din, respondents Nos. 1 and 2 herein. Allah Ditta was a non-claimant displaced person and as he did not possess enough funds to pay the price and clear arrears of rent, there fore, he entered into an agreement of association with the present petitioners on 24th May 1960, whereby he surrendered his entire rights in the house…